State v. Crisoforo Montalvo (077331) (Monmouth and Statewide)

This appeal concerns whether an individual may lawfully possess and hold a weapon for self-defense in his home while answering the front door. Specifically, this Court is called upon to determine whether an individual is criminally liable for unlawful possession of a weapon, N.J.S.A. 2C:39—5(b), if he does not arm himself spontaneously to greet an imminent danger.

In 2012, defendant Crisoforo Montalvo engaged in a confrontation with his downstairs neighbor Arturs Daleckis. Following an argument about noise, Montalvo broke a small outdoor table belonging to Daleckis. Daleckis knocked on…